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And on Tuesday September 2nd, 2009, Judge Dee Benson did just that. Judge Benson ordered that Egbert's term be reduced to 33 months. This means Egbert's estimated release date would be in the Dec-Jan time frame. Federal prosecutors did not oppose the sentence reduction. Full story from the Salt Lake Tribune.

Egbert, along with Shaun Walker and Travis Massey, were convicted in April 2007 of conspiracy to interfere with civil rights and interference with a federally protected activity. All were members of the National Alliance at the time; Walker also became the Chairman of the organization, while Massey was the Salt Lake City Unit Coordinator. The charges stemmed from the alleged attacks upon two non-White men at Salt Lake City bars. The three were accused of assaulting a Mexican-American bartender on December 31st, 2002, at O'Shucks, and Massey and another man were accused of attacking an American Indian man at the now-defunct Port O'Call on March 15th, 2003. But the bulk of the case revolved around the testimony of two snitches; Keith Cotter, who sang like a canary to get leniency for another crime, and Brad Callahan, who may have been threatened with prosecution for an undisclosed crime. Both minimized their own roles in the crime and maximized the roles of the accused. Unfortunately, the all-white jury bought the snitches' stories.

Both Walker and Massey appealed their sentences, and on April 14th, 2009, the 10th U.S. Circuit Court of Appeals in Denver ruled that the two must be re-sentenced. The appeals court said there was insufficient evidence supporting a factor considered in setting their punishment: that a victim in a beating suffered "serious bodily injury as opposed to bodily injury." The Port O'Call victim was never found and the eyewitness testimony was not enough to show he would have required medical treatment. In addition, the court also reversed a finding that Walker was a leader in the group, saying the case record did not show he exercised any more authority than any of the other members.

It should also be noted that the State of Utah never preferred any charges against these three individuals; if it happened the way the Feds claim it did, it would meet Utah's definition of an assault. Walker, Massey, and Egbert were railroaded by the Feds, yet all three have remained true to their ideals and have refused to roll over. All have long since severed formal ties with the National Alliance, such action being required as a condition of bail back during the indictment phase.

2 comments:

"Hal Turner, the shock jock from North Bergen, New Jersey, was again denied bail despite the fact that the government provided no evidence of Mr. Turner being a danger to the community.

"CHICAGO, IL, September 04, 2009 /24-7PressRelease/ -- Hal Turner, the shock jock from North Bergen, New Jersey, was again denied bail despite the fact that the government provided no evidence of Mr. Turner being a danger to the community.

"The government now seeks to adjourn the October 5th trial date, possibly subjecting Mr. Turner to a longer period of confinement. His attorneys', Nishay K. Sanan and Michael Orozco, have vehemently objected.

"Given the administrative persecution that Turner has had and continues to endure in the SHU including not showering for nearly a week, having the caps on his teeth removed because they were deemed to be 'dangerous', only being allowed to communicate with his family once per month, two 15 minute phone calls to his attorney per week, segregated from the general population, being locked in his cell for 23 hours a day, no outdoor access, no TV, no radio and being subject to numerous de-humanizing searches and restrictions a "continuance would be tantamount to unjust and cruel and unusual punishment" stated Sanan.

"Despite the fact that the FBI and Joint Terrorism Task Force, created, educated and funded the #1 "Hate Radio Host" in America the arrest and prosecution of Turner still constitute a fraud upon the court, as they are aware that they cannot convict Mr. Turner nor do they possess any evidence which shows that Mr. Turner intended to harm the judges involved in the alleged threats.

"The American public should be outraged at how badly a man's constitutional and civil rights are being violated. Not everyone will agree with what Mr. Turner has to say, but everyone must agree that he has a right to say that which is protected. For more information on Mr. Turner, please visit familyofhalturner.blogspot.com.

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It's time for Americans to take America back! America has been in the hands of special interests too long. Sometimes it's necessary to set aside the labels; while I prefer the conservative solution, sometimes you gotta go to the left. Sometimes capitalism requires an occasional daub of socialism to smooth its sharper edges.